1[3. Responsibility for payment of wages.--(1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,--

(a) in factories, if a person has been named as the manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948);

(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;

(c) upon railways (other than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned; (d) in the case of contractor, a person designated by such contractor who is directly under his charge; and

(e) in any other case, a person designated by the employer as a person responsible for complying with the provisions of the Act,

the person so named, the person responsible to the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment.

(2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment.]

STATE AMENDMENT

Maharashtra.--

Amendment of section 3 of Act IV of 1936.--In section 3 of the payment of Wages Act, 1936 (hereinafter referred to as the said Act), for the proviso the following shall be substituted, namely:--

"Provided that, in the case of persons employed (otherwise than by a contractor)--

(a) in factories, if a person has been named as the manager of the factory under clause (f) of subsection (1) of section 7 of the Factories Act, 1948 (LXIII of 1948), then the person so named and the employed jointly and severally;

(b) in industrial establishment, if there is a person responsibility to the employer for the supervision and control of the industrial establishment, then the person so responsible and the employer jointly and severally;

(c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, then the person so nominated;

Shall be responsible for such payment."

[Vide Bombay Act LXII of 1953, s. 2]

--------------------------------------------------------------------------------------------

Footnote :

1. Subs. by s. 5, ibid., for section 3 (w.e.f. 9-11-2005).